86

think I is

un

I have not thought necessary to worry

you with our earlier correspondence with the

if I explain the following pouils: Ministry of War Transport, but with reference to

para. 5 of Jackson's letter of the 11th march, 1

might add that he pointed out that the definition

of "enactment" in para. 1(2) of the draft Order

included a provision contained in an Order of His

Majesty in Council only so far as such provision was

not made by virtue of an Act of Parliament, and expressed

Whether

le,

some doubt that while, it was clear that the intention of

the definition as a whole was designed to include the

Hong Kong Defence Regulations/under which a Considerable

number of Hong Kong registered ships in the service of

the Ministry had been requisitioned, the wording used

would in fact achieve the desired result on the grounds

that the Regulations, while admittedly deriving their

immediate validity from the Emergency Powers (Colonial

Defence) Order in Council, 1939, might be not

provisions made by virtue of an Act of Parliament since he Order a Coral

they last pursuer

to Section 4(1) of the Emergency

Fovers (Defence);et, 1939.

Yours sincerely,

maz

look

may

Clause 1(2). Parage apple (ii) of the deferiction of "cuadiment"" strange, but it is uitended to calor for the possibiling that then be aders, like this one, made partly by wiitere jete prerogation and

mide statively. parth

it was

pours under the

7

Clave 2(1), and comments overlon in correctiondence. In this firal draft

proposes to transfer all the Governor's yours Emergmay

Power (Refernce) And, 1939, to the Scartay of State or, in merchant stuffing maltin, to the humnister

War Transport, in termes michan to the one of the present clause 2 (3), but incorporatining

affee-aving

in the definition of "merchant" shipping functions". Clause 2(2) in its carteir form reformed och tio Part II of the art | 1932, Clause 2(3) orignially transford all function med under

words now

au

mackmeasti

to the Section

7

Stati

',

Sgd Roberti-Wray

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